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Planning Commission April 23, 1996 Page 6 research. The Commission should adopt a solution that is consistent with the actual operations of the ANC. Staff Option 3: Amend the Zoning Ordinance so that Feed Lots are a Conditional Use in the I-1 Zone This option may represent an acceptable solution. We understand that if this solution were adopted, the City will revise the Zoning Code and then reissue or amend Cargill's conditional use permit to reflect that the ANC's entire operations in the I-1 and R-la districts are permitted. Although we do not believe it is necessary to classify the ANC as a feedlot, Cargill would be willing to explore this option with the Planning Staff as long as there are no additional restrictions placed on the scope of activities that are authorized to occur. Staff Option 4: Maintain Existing R-la Zoning This option also is an acceptable solution. The Planning staffs concern with this option is that it is inconsistent with the Comprehensive Plan. We understand, however, • that the intent of the Comprehensive Planning process was to allow the ANC to continue to operate as a permitted use in zone I-1. We therefore disagree with the Planning staffs suggestion that this option is inconsistent with the Comprehensive Plan. Summary The best solution to this unfortunate situation would be for the City to confirm that the ANC is a permitted use in the I-1 District. If the City is not prepared to provide this confirmation at this time, Cargill concurs with the Planning staff that this proposed rezoning should be tabled until we can confer with the Planning staff to develop a recommendation that is consistent with the Comprehensive Plan, consistent with the Zoning Code, and, most importantly, consistent with the actual operations of the ANC. Unfortunately, if the City were to either make the ANC a non-conforming use or leave this non-conforming question unresolved, Cargill would likely be required to take action to address this situation. Classification of the ANC as a non-conforming use at this late date would be profoundly unfair to Cargill. We have invested millions of dollars in this state-of-the-art research facility based on our understanding that the ANC is and has been a permitted use.